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1-800-745-9970 • Product ID: NC50
Please post in a conspicuous place. Date Posted: ______________________________
Labor laws change frequently. Contact your distributor to ensure that you are in full
compliance with required State and Federal posting requirements at least once a year.
© 2016 LaborLawCenter, Inc. All rights reserved.
COMPLETE LABOR LAW POSTER
ANTI-DISCRIMINATION NOTICE
WORKERS’ COMPENSATION
It is illegal to discriminate against work-authorized individuals. Employers CANNOT specify which
document(s) they will accept from an employee. The refusal to hire an individual because the documents
have a future expiration date may also constitute illegal discrimination.
N.C. WORKERS’ COMPENSATION NOTICE TO INJURED WORKERS AND EMPLOYERS
For information, please contact
The Office of Special Counsel for Immigration Related Unfair Employment Practices Office
at 800-255-7688.
FEDERAL MINIMUM WAGE $7.25 BEGINNING JULY 24, 2009
PER HOUR
for each willful or repeated violation of the minimum wage or
overtime pay provisions of the law. Civil money penalties may
also be assessed for violations of the FLSA’s child labor
provisions. Heightened civil money penalties may be assessed
for each child labor violation that results in the death or
serious injury of any minor employee, and such assessments
may be doubled when the violations are determined to be
willful or repeated. The law also prohibits retaliating against or
discharging workers who file a complaint or participate in any
proceeding under the FLSA.
ADDITIONAL INFORMATION
•Certain occupations and establishments are exempt from
the minimum wage, and/or overtime pay provisions.
•Special provisions apply to workers in American Samoa, the
Commonwealth of the Northern Mariana Islands, and the
Commonwealth of Puerto Rico.
•Some state laws provide greater employee protections;
employers must comply with both.
•Some employers incorrectly classify workers as “independent
contractors” when they are actually employees under the
FLSA. It is important to know the difference between the two
because employees (unless exempt) are entitled to the FLSA’s
minimum wage and overtime pay protections and correctly
classified independent contractors are not.
•Certain full-time students, student learners, apprentices, and
workers with disabilities may be paid less than the minimum
wage under special certificates issued by the Department of
Labor.
WAGE AND HOUR DIVISION
UNITED STATES DEPARTMENT OF LABOR
1-866-487-9243
TTY: 1-877-889-5627
www.dol.gov/whd
WH1088
• Report the injury or occupational disease to the Employer immediately.
• Give written notice to the Employer within 30 days.
• Your employer’s workers’ compensation insurance carrier is
_________________________________________________________________________________________.
• The insurance policy number is
_________________________________________________________________________________________.
• Your employer’s workers’ compensation insurance policy is valid from
_________________________________________ until __________________________________________.
For assistance: Call the Industrial Commission HELP LINE—(800) 688-8349.
The Employer Should:
• Provide all necessary medical services to the Employee.
• R
eport the injury to the carrier/administrator and file a Form 19 Report of Injury within 5 days with the
Industrial Commission, if the Employee misses more than 1 day from work or if cumulative medical costs
exceed $2,000.00.
• G
ive a copy of your completed Form 19 to the Employee along with a copy of a blank Form 18 Notice
of Accident.
• Ensure that compensation is promptly paid as required under the Workers’ Compensation Act.
For assistance with Safety Education Training contact:
Director of Safety Education at (919) 807-2602 or [email protected]
NORTH CAROLINA INDUSTRIAL COMMISSION
4335 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699-4335
Website: www.ic.nc.gov
TO EMPLOYER: THIS FORM MUST BE PROMINENTLY POSTED IF YOU HAVE WORKERS’ COMPENSATION INSURANCE
OR QUALIFY AS SELF-INSURED. (N.C. Gen. Stat. §97-93).
FORM 17
Revised 11/2014
PAYDAY NOTICE
Regular Paydays for Employees of
REV 07/16
UNEMPLOYMENT COMPENSATION
________________________________________________________________________________
CERTIFICATE OF COVERAGE AND NOTICE TO WORKERS AS TO BENEFIT RIGHTS
Shall be as follows:
(Company Name)
Employers covered by the Employment Security Law of North Carolina (Chapter 96 of the North Carolina General Statutes)
contribute to a special fund set aside for the payment of unemployment insurance benefits. No money is withheld from workers’
checks for unemployment insurance purposes.
If your work hours are substantially reduced or your job is eliminated due to lack of work you may qualify for unemployment
insurance benefits. If you work less than the equivalent of (3) customary scheduled full time days, during any payroll week because
work was not available, you may be eligible for unemployment insurance benefits. An employer may file claims for employees
through the use of automation in case of partial unemployment. An employer may file an attached claim for an employee only
once during a benefit year, and the period of partial unemployment for which the claim is filed may not exceed six consecutive
weeks. You must notify the employer of any wages earned from all sources during the payroll week. Unemployment insurance
benefit payments are processed in Raleigh, North Carolina. Please be sure that your employer has your correct mailing address.
If you lose your job with this employer, you may contact the Department of Commerce, Division of Workforce Solutions (DWS) at
www.nccommerce.com/workforce to assist you in securing suitable work. DWS provides a wide variety of services free of charge.
If suitable work is not readily available you may file a claim for unemployment insurance benefits with the Division of Employment
Security at www.ncesc.com, or by phone at 877-841-9617.
By law, workers who become unemployed for other reasons or who refuse suitable work may be denied unemployment
insurance benefits.
If you have any questions about unemployment insurance benefits or need more information, contact the Division of Employment
Security at the address shown on the bottom of this poster.
During Labor Disputes [Section 96-14.7(b)]
An individual is disqualified for benefits if the Division determines the individual’s total or partial unemployment is caused by a
labor dispute at your place of employment or any location owned by the employer within the state of North Carolina. Once the
labor dispute has ended, such workers shall continue to be ineligible for unemployment insurance benefits for the period of time
that is reasonably necessary to resume operations in the workers’ place of employment.
Instructions for Employers
1. Post this notice on your premises in such a place that all employees may see it. Additional copies may be obtained on-line
at www.ncesc.com.
2. You must notify affected workers of a vacation period within a reasonable period of time before it begins.
3. Benefit claims for attached workers may be filed on-line at www.ncesc.com.
For More Information, Contact:
North Carolina Department of Commerce, Division of Employment Security
P.O. Box 25903, Raleigh, N.C. 27611
Telephone: (919) 707-1237
www.ncesc.com
Revised 9/4/2013
USERRA - UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT
YOUR RIGHTS UNDER USERRA
THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT
USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake
military service or certain types of service in the National Disaster Medical System. USERRA also prohibits employers from
discriminating against past and present members of the uniformed services, and applicants to the uniformed services.
REEMPLOYMENT RIGHTS
You have the right to be reemployed in your civilian job if you
leave that job to perform service in the uniformed service and:
• you ensure that your employer receives advance written or
verbal notice of your service;
• you have five years or less of cumulative service in the
uniformed services while with that particular employer;
• you return to work or apply for reemployment in a timely
manner after conclusion of service; and
• you have not been separated from service with a disqualifying
discharge or under other than honorable conditions.
If you are eligible to be reemployed, you must be restored to
the job and benefits you would have attained if you had not
been absent due to military service or, in some cases, a
comparable job.
RIGHT TO BE FREE FROM DISCRIMINATION AND
RETALIATION
If you:
• are a past or present member of the uniformed service;
• have applied for membership in the uniformed service; or
• are obligated to serve in the uniformed service;
then an employer may not deny you:
• initial employment;
• reemployment;
• retention in employment;
• promotion; or
• any benefit of employment
because of this status.
In addition, an employer may not retaliate against anyone
assisting in the enforcement of USERRA rights, including
testifying or making a statement in connection with a
proceeding under USERRA, even if that person has no
service connection.
Publication Date-October 2008
FS
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IF YOU HAVE A WORK-RELATED INJURY OR AN OCCUPATIONAL DISEASE
The Employee Should:
• I f medical treatment and wage loss compensation are not promptly provided, call the insurance carrier/
administrator or request a hearing before the Industrial Commission using a Form 33 Request for Hearing.
Commission forms are available at website www.ic.nc.gov or by calling the Help Line.
EMPLOYEE RIGHTS UNDER THE FAIR LABOR STANDARDS ACT
D
All employees of this business, except specifically excluded executive officers, suffering work-related injuries may be
entitled to Workers’ Compensation benefits from the employer or its insurance carrier.
• F ile a claim with the Industrial Commission on a Form 18 immediately, but no later than 2 years from injury
date or occupational disease. Give a copy to the Employer.
FEDERAL MINIMUM WAGE
The law requires employers to display this poster where
employees can readily see it.
OVERTIME PAY At least 1 ½ times your regular rate of pay for
all hours worked over 40 in a workweek.
CHILD LABOR An employee must be at least 16 years old to
work in most non-farm jobs and at least 18 to work in nonfarm jobs declared hazardous by the Secretary of Labor. Youths
14 and 15 years old may work outside school hours in various
non-manufacturing, non-mining, non-hazardous jobs with
certain work hours restrictions. Different rules apply in
agricultural employment.
TIP CREDIT Employers of “tipped employees” who meet
certain conditions may claim a partial wage credit based on
tips received by their employees. Employers must pay tipped
employees a cash wage of at least $2.13 per hour if they claim
a tip credit against their minimum wage obligation. If an
employee’s tips combined with the employer’s cash wage of at
least $2.13 per hour do not equal the minimum hourly wage,
the employer must make up the difference.
NURSING MOTHERS The FLSA requires employers to provide
reasonable break time for a nursing mother employee who is
subject to the FLSA’s overtime requirements in order for the
employee to express breast milk for her nursing child for one
year after the child’s birth each time such employee has a need
to express breast milk. Employers are also required to provide a
place, other than a bathroom, that is shielded from view and
free from intrusion from coworkers and the public, which may
be used by the employee to express breast milk.
ENFORCEMENT The Department has authority to recover back
wages and an equal amount in liquidated damages in
instances of minimum wage, overtime, and other violations.
The Department may litigate and/or recommend criminal
prosecution. Employers may be assessed civil money penalties
NORTH CAROLINA MINIMUM WAGE & OCCUPATIONAL SAFETY AND HEALTH PROTECTION
Office of Special Counsel
U.S. Department of Justice
M
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AT E S O F A
HEALTH INSURANCE PROTECTION
• If you leave your job to perform military service, you have the
right to elect to continue your existing employer-based health
plan coverage for you and your dependents for up to 24
months while in the military.
• Even if you don't elect to continue coverage during your
military service, you have the right to be reinstated in your
employer's health plan when you are reemployed, generally
without any waiting periods or exclusions (e.g., pre-existing
condition exclusions) except for service-connected illnesses
or injuries.
ENFORCEMENT
• The U.S. Department of Labor, Veterans Employment and
Training Service (VETS) is authorized to investigate and resolve
complaints of USERRA violations.
• For assistance in filing a complaint, or for any other
information on USERRA, contact VETS at 1-866-4-USA-DOL or
visit its web site at: http://www.dol.gov/vets. An interactive
online USERRA Advisor can be viewed at:
http://www.dol.gov/elaws/userra.htm.
• If you file a complaint with VETS and VETS is unable to resolve
it, you may request that your case be referred to the
Department of Justice or the Office of Special Counsel, as
applicable, for representation.
• You may also bypass the VETS process and bring a civil action
against an employer for violations of USERRA.
The rights listed here may vary depending on the
circumstances. This notice was prepared by VETS, and may be
viewed on the internet at this address:
http://www.dol.gov/vets/programs/userra/poster.htm.
Federal law requires employers to notify employees of their
rights under USERRA, and employers may meet this
requirement by displaying the text of this notice where they
customarily place notices for employees.
U.S. Department of Labor
1-866-487-2365
Employer Support Of The Guard
And Reserve1-800-336-4590
FMLA - FAMILY AND MEDICAL LEAVE ACT
EMPLOYEE RIGHTS UNDER THE FAMILY AND MEDICAL LEAVE ACT
THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION
LEAVE ENTITLEMENTS Eligible employees who work for a
covered employer can take up to 12 weeks of unpaid, jobprotected leave in a 12-month period for the following reasons:
• The birth of a child or placement of a child for adoption or
foster care;
• To bond with a child (leave must be taken within 1 year of the
child’s birth or placement);
• To care for the employee’s spouse, child, or parent who has a
qualifying serious health condition;
• For the employee’s own qualifying serious health condition that
makes the employee unable to perform the employee’s job;
• For qualifying exigencies related to the foreign deployment of a
military member who is the employee’s spouse, child, or parent.
An eligible employee who is a covered servicemember’s spouse,
child, parent, or next of kin may also take up to 26 weeks of
FMLA leave in a single 12-month period to care for the
servicemember with a serious injury or illness.
An employee does not need to use leave in one block. When it is
medically necessary or otherwise permitted, employees may
take leave intermittently or on a reduced schedule.
Employees may choose, or an employer may require, use of
accrued paid leave while taking FMLA leave. If an employee
substitutes accrued paid leave for FMLA leave, the employee
must comply with the employer’s normal paid leave policies.
*Special “hours of service” requirements apply to airline flight
crew employees.
REQUESTING LEAVE Generally, employees must give 30-days’
advance notice of the need for FMLA leave. If it is not possible to
give 30-days’ notice, an employee must notify the employer as soon
as possible and, generally, follow the employer’s usual procedures.
Employees do not have to share a medical diagnosis, but must
provide enough information to the employer so it can determine
if the leave qualifies for FMLA protection. Sufficient information
could include informing an employer that the employee is or will
be unable to perform his or her job functions, that a family
member cannot perform daily activities, or that hospitalization or
continuing medical treatment is necessary. Employees must
inform the employer if the need for leave is for a reason for which
FMLA leave was previously taken or certified.
Employers can require a certification or periodic recertification
supporting the need for leave. If the employer determines that
the certification is incomplete, it must provide a written notice
indicating what additional information is required.
EMPLOYER RESPONSIBILITIES Once an employer becomes
aware that an employee’s need for leave is for a reason that may
qualify under the FMLA, the employer must notify the employee
if he or she is eligible for FMLA leave and, if eligible, must also
provide a notice of rights and responsibilities under the FMLA. If
the employee is not eligible, the employer must provide a
BENEFITS & PROTECTIONS While employees are on FMLA
reason for ineligibility.
leave, employers must continue health insurance coverage as if
Employers must notify its employees if leave will be designated
the employees were not on leave.
Upon return from FMLA leave, most employees must be restored as FMLA leave, and if so, how much leave will be designated as
to the same job or one nearly identical to it with equivalent pay, FMLA leave.
benefits, and other employment terms and conditions.
ENFORCEMENT Employees may file a complaint with the U.S.
An employer may not interfere with an individual’s FMLA rights
Department of Labor, Wage and Hour Division, or may bring a
or retaliate against someone for using or trying to use FMLA
private lawsuit against an employer.
leave, opposing any practice made unlawful by the FMLA, or
The FMLA does not affect any federal or state law prohibiting
being involved in any proceeding under or related to the FMLA. discrimination or supersede any state or local law or collective
ELIGIBILITY REQUIREMENTS An employee who works for a
covered employer must meet three criteria in order to be
eligible for FMLA leave. The employee must:
• Have worked for the employer for at least 12 months;
• Have at least 1,250 hours of service in the 12 months before
taking leave;* and
• Work at a location where the employer has at least 50
employees within 75 miles of the employee’s worksite.
bargaining agreement that provides greater family or medical
leave rights.
WH1420a REV 04/16
For additional information or to file a complaint:
1-866-4-USWAGE
(1-866-487-9243)
TTY: 1-877-889-5627
WWW.WAGEHOUR.DOL.GOV
U.S. Department of Labor | Wage and Hour Division
Weekly
Bi-Weekly
Other _______________________
Monthly
By: __________________________________________ Title: ______________________________________________
WITHHOLDING STATUS
YOU MAY NEED TO CHECK YOUR WITHHOLDING
Since you last filed form W-4 with your employer
did you...
• Marry or divorce?
• Gain or lose a dependent?
• Change your name?
Were there major changes to...
• Your nonwage income (interest, dividends, capital
gains, etc.)?
• Your family wage income (you or your spouse started or
ended a job)?
• Your itemized deductions?
• Your tax credits?
If you can answer “YES”...
To any of these questions or you owed extra tax when you
filed your last return, you may need to file a new form W-4.
See your employer for a copy of Form W-4 or call the IRS at
1-800-829-3676. Now is the time to check your
withholding.
For more details, get Publication 919, How Do I Adjust My
Tax Withholding?, or use the Withholding Calculator at
www.irs.gov/individuals on the IRS web site.
Employer: Please post or publish this Bulletin Board Poster
so that your employees will see it. Please indicate where
they can get forms and information on this subject.
IRS
Publication 213
(Rev. 8-2009)
Cat. No. 11047P
Department of the Treasury
Internal Revenue Service www.irs.gov
EMPLOYEE POLYGRAPH PROTECTION ACT
EMPLOYEE RIGHTS | EMPLOYEE POLYGRAPH PROTECTION ACT
The Employee Polygraph Protection Act prohibits most
private employers from using lie detector tests either
for pre-employment screening or during the course of
employment.
economic loss to the employer. The law does not preempt
any provision of any State or local law or any collective
bargaining agreement which is more restrictive with
respect to lie detector tests.
PROHIBITIONS Employers are generally prohibited from
requiring or requesting any employee or job applicant to
take a lie detector test, and from discharging, disciplining,
or discriminating against an employee or prospective
employee for refusing to take a test or for exercising other
rights under the Act.
EXAMINEE RIGHTS Where polygraph tests are permitted,
they are subject to numerous strict standards concerning
the conduct and length of the test. Examinees have a
number of specific rights, including the right to a written
notice before testing, the right to refuse or discontinue a
test, and the right not to have test results disclosed to
unauthorized persons.
EXEMPTIONS Federal, State and local governments are
not affected by the law. Also, the law does not apply to
tests given by the Federal Government to certain private
individuals engaged in national security-related activities.
The Act permits polygraph (a kind of lie detector) tests to
be administered in the private sector, subject to
restrictions, to certain prospective employees of security
service firms (armored car, alarm, and guard), and of
pharmaceutical manufacturers, distributors and
dispensers. The Act also permits polygraph testing, subject
to restrictions, of certain employees of private firms who
are reasonably suspected of involvement in a workplace
incident (theft, embezzlement, etc.) that resulted in
ENFORCEMENT The Secretary of Labor may bring court
actions to restrain violations and assess civil penalties
against violators. Employees or job applicants may also
bring their own court actions.
THE LAW REQUIRES EMPLOYERS TO DISPLAY THIS
POSTER WHERE EMPLOYEES AND JOB APPLICANTS
CAN READILY SEE IT.
WAGE AND HOUR DIVISION
UNITED STATES DEPARTMENT OF LABOR
1-866-487-9243
TTY: 1-877-889-5627
www.dol.gov/whd
WH1462 REV 07/16
EEOC - EQUAL EMPLOYMENT OPPORTUNITY IS THE LAW
EQUAL EMPLOYMENT OPPORTUNITY IS THE LAW
PRIVATE EMPLOYERS, STATE AND LOCAL GOVERNMENTS, EDUCATIONAL INSTITUTIONS,
EMPLOYMENT AGENCIES AND LABOR ORGANIZATIONS
Applicants to and employees of most private employers, state and local governments, educational institutions,
employment agencies and labor organizations are protected under Federal law from discrimination on the following bases:
RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN Title
VII of the Civil Rights Act of 1964, as amended, protects
applicants and employees from discrimination in hiring,
promotion, discharge, pay, fringe benefits, job training,
classification, referral, and other aspects of employment,
on the basis of race, color, religion, sex (including
pregnancy), or national origin. Religious discrimination
includes failing to reasonably accommodate an employee’s
religious practices where the accommodation does not
impose undue hardship.
DISABILITY Title I and Title V of the Americans with
Disabilities Act of 1990, as amended, protect qualified
individuals from discrimination on the basis of disability in
hiring, promotion, discharge, pay, fringe benefits, job
training, classification, referral, and other aspects of
employment. Disability discrimination includes not making
reasonable accommodation to the known physical or
mental limitations of an otherwise qualified individual with
a disability who is an applicant or employee, barring
undue hardship.
AGE The Age Discrimination in Employment Act of 1967,
as amended, protects applicants and employees 40 years
of age or older from discrimination based on age in hiring,
promotion, discharge, pay, fringe benefits, job training,
classification, referral, and other aspects of employment.
SEX (WAGES) In addition to sex discrimination prohibited
by Title VII of the Civil Rights Act, as amended, the Equal
Pay Act of 1963, as amended, prohibits sex discrimination
in the payment of wages to women and men performing
substantially equal work, in jobs that require equal skill,
effort, and responsibility, under similar working conditions,
in the same establishment.
GENETICS Title II of the Genetic Information
Nondiscrimination Act of 2008 protects applicants and
employees from discrimination based on genetic
information in hiring, promotion, discharge, pay, fringe
benefits, job training, classification, referral, and other
aspects of employment. GINA also restricts employers’
acquisition of genetic information and strictly limits
disclosure of genetic information. Genetic information
includes information about genetic tests of applicants,
employees, or their family members; the manifestation of
diseases or disorders in family members (family medical
history); and requests for or receipt of genetic services by
applicants, employees, or their family members.
RETALIATION All of these Federal laws prohibit covered
entities from retaliating against a person who files a
charge of discrimination, participates in a discrimination
proceeding, or otherwise opposes an unlawful
employment practice.
WHAT TO DO IF YOU BELIEVE DISCRIMINATION HAS
OCCURRED There are strict time limits for filing charges
of employment discrimination. To preserve the ability of
EEOC to act on your behalf and to protect your right to file
a private lawsuit, should you ultimately need to, you should
contact EEOC promptly when discrimination is suspected:
The U.S. Equal Employment Opportunity Commission
(EEOC), 1-800-669-4000 (toll-free) or 1-800-669-6820
(toll-free TTY number for individuals with hearing
impairments). EEOC field office information is available at
www.eeoc.gov or in most telephone directories in the U.S.
Government or Federal Government section. Additional
information about EEOC, including information about
charge filing, is available at www.eeoc.gov.
EMPLOYERS HOLDING FEDERAL CONTRACTS OR SUBCONTRACTS
Applicants to and employees of companies with a Federal government contract or subcontract are protected
under Federal law from discrimination on the following bases:
RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION,
GENDER IDENTITY, NATIONAL ORIGIN Executive Order
11246, as amended, prohibits employment discrimination
based on race, color, religion, sex, sexual orientation,
gender identity, or national origin, and requires affirmative
action to ensure equality of opportunity in all aspects of
employment.
PAY SECRECY Executive Order 11246, as amended,
protects applicants and employees from discrimination
based on inquiring about, disclosing, or discussing their
compensation or the compensation of other applicants
or employees.
INDIVIDUALS WITH DISABILITIES Section 503 of the
Rehabilitation Act of 1973, as amended, protects qualified
individuals with disabilities from discrimination in hiring,
promotion, discharge, pay, fringe benefits, job training,
classification, referral, and other aspects of employment.
Disability discrimination includes not making reasonable
accommodation to the known physical or mental
limitations of an otherwise qualified individual with a
disability who is an applicant or employee, barring undue
hardship to the employer. Section 503 also requires that
Federal contractors take affirmative action to employ and
advance in employment qualified individuals with
disabilities at all levels of employment, including the
executive level.
PROTECTED VETERANS The Vietnam Era Veterans’
Readjustment Assistance Act of 1974, as amended, 38
U.S.C. 4212, prohibits employment discrimination against,
and requires affirmative action to recruit, employ, and
advance in employment, disabled veterans, recently
separated veterans (i.e., within three years of discharge or
release from active duty), active duty wartime or campaign
badge veterans, or Armed Forces service medal veterans.
RETALIATION Retaliation is prohibited against a person
who files a complaint of discrimination, participates in an
OFCCP proceeding, or otherwise opposes discrimination
under these Federal laws. Any person who believes a
contractor has violated its nondiscrimination or affirmative
action obligations under the authorities above should
contact immediately: The Office of Federal Contract
Compliance Programs (OFCCP), U.S. Department of Labor,
200 Constitution Avenue, N.W., Washington, D.C. 20210,
1-800-397-6251 (toll-free) or (202) 693-1337 (TTY).
OFCCP may also be contacted by e-mail at
[email protected], or by calling an OFCCP regional or
district office, listed in most telephone directories under
U.S. Government, Department of Labor.
If you believe that you have experienced discrimination contact OFCCP: 1-800-397-6251 | TTY 1-877-889-5627 | www.dol.gov.
PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
RACE, COLOR, NATIONAL ORIGIN, SEX In addition to the
protections of Title VII of the Civil Rights Act of 1964, as
amended, Title VI of the Civil Rights Act of 1964, as
amended, prohibits discrimination on the basis of race,
color or national origin in programs or activities receiving
Federal financial assistance. Employment discrimination is
covered by Title VI if the primary objective of the financial
assistance is provision of employment, or where
employment discrimination causes or may cause
discrimination in providing services under such programs.
Title IX of the Education Amendments of 1972 prohibits
employment discrimination on the basis of sex in
educational programs or activities which receive Federal
EEOC 9/02 and OFCCP 8/08 Versions Useable With 11/09 Supplement
financial assistance.
INDIVIDUALS WITH DISABILITIES Section 504 of the
Rehabilitation Act of 1973, as amended, prohibits
employment discrimination on the basis of disability in
any program or activity which receives Federal financial
assistance. Discrimination is prohibited in all aspects of
employment against persons with disabilities who, with
or without reasonable accommodation, can perform the
essential functions of the job. If you believe you have
been discriminated against in a program of any
institution which receives Federal financial assistance, you
should immediately contact the Federal agency providing
such assistance.
Mandatory Supplement to EEOC P/E-1(Revised 11/09) “EEO is the Law” Poster
N.C. Department of Labor
Wage and Hour Notice to Employees
WAGE AND HOUR ACT
Minimum Wage: $7.25 per hour (effective 7/24/09).
Employers in North Carolina are required to pay the higher of
the minimum wage rate established by state or federal laws.
The federal minimum wage increased to $7.25 per hour
effective July 24, 2009; therefore, employers in North Carolina
are required to pay their employees at least $7.25 per hour.
An employer may pay as little as $2.13 per hour to tipped
employees so long as each employee receives enough in tips
to make up the difference between the wages paid and the
minimum wage. Employees must be allowed to keep all tips,
except that pooling is permitted if no employee’s tips are
reduced more than 15 percent. The employer must keep an
accurate and complete record of tips as certified by each
employee monthly or for each pay period. Without these
records, the employer may not be allowed the tip credit.
Certain full-time students may be paid 90 percent of the
minimum wage, rounded to the lowest nickel.
OVERTIME
Time and one-half must be paid after 40 hours of work in any
one workweek, except after 45 hours at seasonal recreational
and amusement establishments. The state overtime provision
does not apply to some employers and employees who are
exempt.
YOUTH EMPLOYMENT
Rules for all youths under 18 years old are: Youth
employment certificates (YEC) are required. To obtain a YEC,
please visit our Web site at www.nclabor.com.
Hazardous or Detrimental Occupations: State and federal
labor laws protect youth workers by making it illegal for
employers to hire them in dangerous jobs. For example,
nonagricultural workers under 18 years of age may not operate
a forklift; operate many types of power equipment such as
meat slicers, circular saws, band saws, bakery machinery or
woodworking machines; work as an electrician or electrician’s
helper; or work from any height above 10 feet, including the
use of ladders and scaffolds. For a complete list of prohibited
jobs, please visit our website at www.nclabor.com.
Additional rules for 16- and 17-year-olds are:
No work between 11 p.m. and 5 a.m. when there is school the
next day. Exception: When the employer gets written
permission from the youth’s parents and principal.
Additional rules for 14- and 15-year-olds are:
Where work can be performed: Retail businesses, food service
establishments, service stations and offices of other businesses.
Work is not permitted in manufacturing, mining or
construction, or with power-driven machinery, or on the
premises of a business holding an ABC permit for the
on-premises sale or consumption of alcoholic beverages;
except that youths at least 14 years of age can work on the
outside grounds of the premises with written consent from a
parent or guardian as long as the youth is not involved with
the preparation, serving, dispensing or sale of alcoholic
beverages.
Maximum hours per day: Three on school days; eight if a nonschool day.
Maximum hours per week: 18 when school is in session; 40
when school is not in session.
Hours of the day: May work only between 7 a.m. and 7 p.m. (9 p.m.
from June 1 through Labor Day when school is not in session).
Breaks: 30-minute breaks are required after any period of five
consecutive hours of work.
Additional rules for youths under 14 years old are:
Work is generally not permitted except when working for the
youth’s parents; in newspaper distribution to consumers;
modeling; or acting in movie, television, radio or theater
production. These state youth employment provisions do not
apply to farm, domestic or government work.
WAGE PAYMENT
Wages are due on the regular payday. If requested, final
paychecks must be mailed. When the amount of wages is in
dispute, the employer’s payment of the undisputed portion
cannot restrict the right of the employee to continue a claim
for the rest of the wages. Employees must be notified of
paydays, pay rates, policies on vacation and sick leave, and of
commission, bonus and other pay matters. Employers must
notify employees in writing or through a posted notice
maintained in a place accessible to its employees of any
reduction in the rate of promised wages at least 24 hours prior
to such change. Deductions from paychecks are limited to
those required by law and those agreed to in writing on or
before payday. If the written authorization that the employee
signs does not specify a dollar amount, the employee must
receive prior to payday (1) written notice of the actual amount
to be deducted, (2) written notice of their right to withdraw the
authorization, and (3) be given a reasonable opportunity to
withdraw the authorization.
The written authorization or written notice may be given in an
electronic format, provided the requirements of the Uniform
Electronic Transactions Act (Chapter 66, Article 40 of the N.C.
General Statutes) are met. The withholding or diversion of
wages owed for the employer’s benefit may not be taken if
they reduce wages below the minimum wage. No reductions
may be made to overtime wages owed. Deductions for cash or
inventory shortages or for loss or damage to an employer’s
property may not be taken unless the employee receives seven
days’ advance notice. This seven-day rule does not apply to
these deductions made at termination. An employer may not
use fraud or duress to require employees to pay back protected
amounts. If the employer provides vacation pay plans to
employees, the employer shall give vacation time off or
payment in lieu of time off, as required by company policy or
practice. Employees must be notified in writing or through a
posted notice of any company policy or practice that results in
the loss or forfeiture of vacation time or pay. Employees not so
notified are not subject to such loss or forfeiture. The wage
payment provisions apply to all private-sector employers doing
business in North Carolina. The wage payment provisions do
not apply to any federal, state or local agency or
instrumentality of government.
COMPLAINTS
The department’s Wage and Hour Bureau investigates
complaints and collects back wages plus interest if they are
due to the employee. The state of North Carolina may bring
civil or criminal actions against the employer for violations of
the law. The employee may also sue the employer for back
wages. The court may award attorney’s fees, costs, liquidated
damages and interest.
Anyone having a question about the Wage and Hour Act may
write or call:
N.C. Department of Labor
Wage and Hour Bureau
1101 Mail Service Center
Raleigh, NC 27699-1101
Phone: 1-800-625-2267 or (919) 807-2796
Fax: 888-310-8708
www.nclabor.com
EMPLOYMENT AT WILL—RIGHT-TO-WORK LAWS
North Carolina is an employment-at-will state. The term
“employment-at-will” simply means that unless there is a
specific law to protect employees or there is an employment
contract providing otherwise, then an employer can treat its
employees as it sees fit and the employer can discharge an
employee at the will of the employer for any reason or no
reason at all North Carolina is a “right-to-work” state, which
means that the right of a person to work cannot be denied or
abridged because that person belongs—or does not belong—
to a labor union. In addition, an employer cannot require any
person, as a condition of employment or continuation of
employment, to pay any dues, fees or other charges of any
kind to a labor union. Also, an employer cannot enter into an
agreement with a labor union whereby (1) non-union members
are denied the right to work for the employer, (2) membership
is made a condition of employment or continuation of
employment, or (3) the labor union acquires an employment
monopoly in any enterprise.
In addition, in CWA v. Beck, 487 U.S. 735 (1988), the U.S.
Supreme Court stated that if a collective bargaining agreement
between an employer and a labor union requires employees to
pay uniform periodic dues and initiation fees, employees who
are not union members can object to the use of their payments
for certain purposes and can only be required to pay their share
of union costs relating to collective bargaining, contract
administration and grievance adjustment. Thus, if you believe
that you have been required to pay dues or fees used in part to
support activities not directly related to the duties of collective
bargaining, you may be entitled to a refund and to an
appropriate reduction in future payments.
NCDOL does not have any enforcement authority of these laws,
but if you have any questions, contact the Regional Office of
the National Labor Relations Board (NLRB) at the following
address and phone number:
NLRB—Region 11 Office
Republic Square
4035 University Parkway, Suite 200
Winston-Salem, NC 27106-3325
(336) 631-5201
EMPLOYMENT DISCRIMINATION
The department’s Employment Discrimination Bureau (EDB)
enforces the Retaliatory Employ ment Discrimination Act (REDA).
Employees involved in the following activities are protected from
retaliation or discrimination by their employer:
• Workers’ Compensation Claims
• Wage and Hour Complaints
• Occupational Safety and Health Complaints
• Mine Safety and Health Complaints
• Genetic Testing
• Sickle Cell or Hemoglobin Carriers
• N.C. National Guard Service
• The Juvenile Justice System
• Victims of Domestic Violence
• Pesticide Regulation Complaints
Employers who have questions about the application of REDA,
or employees who believe they have been discriminated or
retaliated against, should contact the EDB information officer:
N.C. Department of Labor
Employment Discrimination Bureau
1101 Mail Service Center
Raleigh, NC 27699-1101
Phone: 1-800-625-2267 or (919) 807-2831
Fax: (919) 807-2824
www.nclabor.com
All complaints must be made within 180 days of the date
of retaliation.
To find out more information about this poster and to download all
of the required state and federal posters, please visit our Web site
at: http://www.nclabor.com/posters/posters.htm
Printed 12/14
50,000 copies of this public document were printed at a cost of $2,000, or $.04 per copy.
Wage and Hour Notice to Employees and OSH Notice to Employees must be posted together.
OSH Notice to Employees
SAFETY AND HEALTH (OSHA)
N.C. Department of Labor Responsibilities
The state of North Carolina has a federally approved program
to administer the Occupational Safety and Health Act (OSHA)
in North Carolina. This program is administered by the N.C.
Department of Labor, Occupational Safety and Health (OSH)
Division.
The OSH Division has the following responsibilities and powers:
• Inspections—The OSH Division conducts workplace
inspections that can be triggered by complaints, accidents
or because the workplace has been randomly selected for
an inspection.
• Citations—Following an inspection, the employer may be
cited for one or more violations of the OSHA standards. The
employer will be given a timetable to correct the violation to
avoid further action.
• Penalties—An employer can be fined up to $7,000 for each
“serious” violation. Serious violations that involve injury to a
person under 18 years of age could result in fines up to
$14,000 per violation. An additional maximum $7,000 penalty
can be assessed for each day an employer fails to correct or
abate a violation after the allotted time to do so has passed. A
penalty of up to $70,000 may be issued for each willful or
repeat violation of an OSHA standard. Criminal penalties of up
to $10,000 may apply against employers who are found guilty
of willfully violating any standard, rule or regulation that has
resulted in an employee’s death.
• OSHA Standards—The division adopts all federally mandated
OSHA standards verbatim or can rewrite them to meet state
conditions, as long as the new version is at least as strict as the
federal standard. A copy of any specific standard adopted by
the OSH Division is available free of charge. The entire “General
Industry” or “Construction Industry” standards are available for
a nominal cost by calling 1-800-625-2267 or 919-807- 2875.
Employer Rights and Responsibilities
Public and private sector employers have a “general duty” to
provide their employees with workplaces that are free of
recognized hazards likely to cause serious injury or death.
Employers must comply with the OSHA safety and health
standards adopted by the Labor Department.
• Inspections—An employer has the legal right to refuse to allow
an inspector to enter the workplace without an administrative
inspection warrant. If this occurs, the inspector will obtain a
warrant to conduct the inspection. The employer has the right to
accompany the inspector during the physical inspection.
• Discrimination—It is illegal to retaliate in any way against an
employee for raising a health or safety concern, filing a
complaint, reporting a work-related injury or illness, or
assisting an inspector. The department will investigate and
may prosecute employers who take such action.
• Citations—If an OSH inspection results in one or more
citations, the employer is required to promptly and
prominently display the citation(s) at or near the place where
the violation allegedly occurred. It must remain posted for
three working days or until the violation has been corrected
or abated, whichever is longer.
• Contesting Penalties—Once an employer has been cited, he
or she may request an “informal conference” with OSH officials
to discuss the penalty, abatement or other issues related to
the citation. This request must be made within 15 working
days after the citation is received. The employer may formally
contest (by filing a “Notice of Contest”) the citation(s) or
proposed penalty to the N.C. Occupational Safety and Health
Review Commission. The Review Commission is an
independent body that hears and decides contestments by
employers and employees concerning citations, abatement
periods and penalties. Employers wishing to know more
about the procedures for filing a “Notice of Contest” should
contact the Review Commission. Telephone: 919-733-3589.
Website: www.oshrb.state.nc.us.
• Injury and Illness Records—Employers with 11 or more
employees, unless specifically exempted, are required to
maintain updated occupational injury and illness records of
their employees. Recordkeeping forms and information
concerning these requirements may be obtained from the
Education, Training and Technical Assistance Bureau, N.C.
Department of Labor. Call 1-800-625-2267 or 919-807-2875.
• Accident and Fatality Reporting—An employer must report
the following:
Within eight hours: Any work-related fatality.
Within 24 hours:
• Any work-related in-patient hospitalization of one or more
employees.
• Any work-related amputation.
• Any work-related loss of an eye.
To report an accident, call the OSH Division at
1-800-625-2267 or 919-779-8560.
Employee Rights and Responsibilities
Public and private sector employees must comply with
occupational safety and health standards, rules, regulations,
and those orders issued under OSHA that relate to their own
actions and conduct.
• Complaints—An employee has a right to make a complaint
regarding workplace conditions he or she believes are unsafe,
unhealthy or in violation of OSHA standards. When an OSH
inspector is in an employee’s workplace, that employee has a
right to point out unsafe or unhealthy conditions and to
freely answer any questions asked by the inspector. When
making a complaint, the employee may request that his or
her name be kept confidential.
To make a complaint, call 1-800-625-2267 or 919-779-8560.
Complaints also can be made online at www.nclabor.com.
• Contesting Abatement—Employees may contest any
abatement period set as a result of an OSH inspection at their
workplace. An employee has the right to appear before the
Review Commission to contest the abatement period and
seek judicial review.
Other OSHA Information
• Federal Monitoring—The OSH Division is monitored by the
U.S. Department of Labor. Federal authorities ensure that
continued state administration is merited. Any person who
has a complaint about the state’s administration of OSHA may
contact the Regional Office of the U.S. Department of Labor,
61 Forsyth St. S.W., Suite 6T50, Atlanta, GA 30303.
• Additional Information or Questions—Anyone having a
question about any of the above information may write or call:
N.C. Department of Labor
Occupational Safety and Health Division
1101 Mail Service Center
Raleigh, NC 27699-1101
Phone: 1-800-625-2267 or (919) 807-2796
Fax: (919) 807-2856
E-mail: [email protected]
www.nclabor.com
Cherie Berry
Commissioner of Labor
This notice must be posted conspicuously. This poster is
available free of charge to all North Carolina workplaces.
Call 1-800-625-2267 or 919-807-2875
or order online.
1-800-NC-LABOR
(1-800-625-2267)
www.nclabor.com
Follow NCDOL on
Copyright © 2016 by N.C. Department of Labor
All photographs, graphics and illustrations are property of the
N.C. Department of Labor or are used by permission/license of
their respective copyright holders.
Printed 8/16
50,000 copies of this public document were printed at a cost of $2,000, or $.04 per copy.
N.C. Workers’ Compensation Notice to Injured Workers and
Employers (Form 17) NCDOL does not handle matters relating to
workers’ compensation. If you would like information about workers’
compensation policies or procedures, please contact the N.C. Industrial
Commission at N.C. Industrial Commission, 4340 Mail Service Center,
Raleigh, NC 27699-4340; 919-807-2500; www.ic.nc.gov. Form 17 must
be prominently posted and must be printed in the same colors and
format that appear on the Industrial Commission website. To download
and print the current version of Form 17, visit www.ic.nc.gov.
Unemployment Insurance NCDOL does not handle matters relating to unemployment insurance. If you would like information about
unemployment insurance policies or procedures, please contact the Department of Commerce, Division of Employment Security, P.O. Box
25903, Raleigh, NC 27611-5903, 1-888-737-0259; www.ncesc.com.
NC-0213-A3-F02